Ancient Epitome of Canon XI.
A Presbyter condemned by his bishop, is allowed to appeal to the neighbouring bishops: but if he shall not make any appeal, but shall make a schism, and be elated with conceit and shall offer the Holy Gifts to God, let him be anathema.
See note to last canon. The last clause is certainly corrupt; in the council of Carthage at which it was first adopted there is no "non," making the meaning clear.
Canon XII.
If any bishop out of Synod time shall have fallen under accusation, let his cause be heard by 12 bishops.
Felix the bishop, said: I suggest, according to the statutes of the ancient councils, that if any bishop (which may God forbid!) shall have fallen under any accusation, and there shall have been too great necessity to wait for the summoning of a majority of the bishops, that he may not rest under accusation, let his cause be heard by 12 bishops; and let a presbyter be heard by six bishops with his own bishop, and a deacon shall be heard by three.
Notes.
Ancient Epitome of Canon XII.
When a bishop is to be tried, if the whole synod does not sit, let at least twelve bishops take up the matter; and for the case of a presbyter, six and his own diocesan; and for the ease of a deacon, three.
This is Canon x. of the Synod of Genethlius.
Johnson.
Hereby must be meant African canons; that under Gratus [a.d. 348] had decreed the same thing.
Who was the bishop's judge at the first instance does not appear by this canon; but it is natural to suppose it was the Primate. It is probable that this canon is to be understood of hearing upon an appeal, because it is certain that a priest's cause, at the first instance, was to be tried before the bishop (see Can. 10, 11). And therefore the latter part of the canon can be understood of no hearing but by way of appeal, nor by consequence the former. And this seems more clear by Can. Afr. 29.
Canon XIII.
That a bishop should not be ordained except by many bishops, but if there should be necessity he may be ordained by three.
Bishop Aurelius said: What says your holiness on this matter? By all the bishops it was answered: The decrees of the ancients must be observed by us, to wit, that without the consent of the Primate of any province even many bishops assembled together should not lightly presume to ordain a bishop. But should there be a necessity, at his bidding, three bishops should ordain him in any place they happen to be, and if anyone contrary to his profession and subscription shall come into any place he shall thereby deprive himself of his honour.
Notes.
Ancient Epitome OF XIII
At the bidding of the Primate even three bishops can make a bishop. But whoever goes counter to his profession, and subscription, is deprived of his honour by his own judgment.
This is Canon xij. of the before mentioned Synod of 387 or 390.
Johnson.
See Can. Ap. 1, Nic. 1.
He that was called a Metropolitan in other Churches was a Primate in Africa.
Canon XIV.
That one of the bishops of Tripoli should come as legate, and that a presbyter might be heard there by five bishops.